IN THE CASE OF: BOARD DATE: 21 June 2016 DOCKET NUMBER: AR20150010899 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 21 June 2016 DOCKET NUMBER: AR20150010899 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. __________x_______________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. IN THE CASE OF: BOARD DATE: 21 June 2016 DOCKET NUMBER: AR20150010899 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests upgrade of his general discharge under honorable conditions to honorable. 2. The applicant states, in effect: * he was never given one-on-one counseling * he made poor decisions when he was on active duty and he hung around a wrong group of Soldiers * he took all discipline for his actions; he was given one chance to go to alcohol rehabilitation and he feels like he was not supported by the system * he is a changed person today; he has submitted a number of documents to the Board that show he has become an advocate for people coping with substance abuse * he is now a licensed alcohol and drug counselor with a private, nonprofit charitable organization dedicated to helping those impacted by addiction; he is licensed in his State * he is a fire lieutenant with a local fire department * he provides counseling services to Veterans and firefighters * he is a disabled Veteran; the general discharge is holding him back professionally 3. The applicant provides: * College Certificate for Alcoholism/Substance Abuse, dated 26 August 2011 * Associate's Degree, dated 23 August 2013 * a letter of support, dated 2 December 2014 * promotion announcement letter, dated 3 August 2010 * 18 firefighting and counseling certificates and certification letters, dated between 1997 and 2015 * student transcripts, dated 5 September 2014 * photocopies of certification/license cards * DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 19 May 1993 CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant enlisted in the Regular Army on 18 March 1992. Following completion of One Station Unit Training, he was awarded military occupational specialty 11B (Infantryman). On or about 22 July 1992, he was assigned to a unit at Fort Knox, KY. 3. On 31 July 1992, the applicant's squad leader (Specialist Four CCM) counseled him for driving a vehicle while intoxicated. Both the applicant and his squad leader signed a U.S. Army Armor Center - Soldiers Against Drunk Driving Program pledge, in which, in part, the applicant agreed not to drive a vehicle while intoxicated and that he would contact his squad leader if he required a ride. 4. On 6 October 1992, the applicant accepted nonjudicial punishment for stealing a vacuum cleaner and for over indulging in intoxicating liquors or drugs so as not be able to perform duties. Both offenses were alleged to have occurred on 1 October 1992. 5. In a memorandum, dated 22 April 1993, the Clinical Director and a Substance Abuse Counselor both affirmed, in effect: * the applicant was evaluated at the Fort Knox Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) on 17 October 1992 * based on the information obtained during an interview, a diagnosis of alcohol dependence was confirmed * the applicant was enrolled in the outpatient treatment program, but he made minimal progress * the applicant did not demonstrate the motivation required for recovery from alcohol abuse; he did not abide by his treatment plan and continued to use alcohol while enrolled in the program * while the applicant met the clinical criteria for continued treatment, he demonstrated he was not ready to make the necessary commitment to recover * the ADAPCP supported such administrative action as might be deemed necessary by his command 6. In an undated memorandum, the applicant's commander notified him of his intent to initiate separation action under the provisions of chapter 9 (Alcohol or Other Drug Abuse Rehabilitation Failure), Army Regulation (AR) 635-200 (Personnel Separations - Enlisted Personnel). a. The commander's stated reason was that the applicant had demonstrated he was not ready to make the necessary commitment to rehabilitation/recovery. b. The applicant was advised he could consult with counsel. He acknowledged this notification on 13 May 1993. 7. On 14 May 1993, after consulting with counsel, he made the following acknowledgements and elections: * he had been advised of the basis of the contemplated separation action, its effects, of the rights available, and the effect of any action taken by him when he waived his rights * he elected not to submit statements in his own behalf * he requested counsel * he confirmed he understood he might encounter substantial prejudice in civilian life if he were issued a general discharge under honorable conditions 8. In an undated indorsement, the separation approval authority approved the applicant's separation, and directed the issuance of a general discharge under honorable conditions. On 19 May 1993, he was discharged accordingly. 9. His DD Form 214 shows he completed 1 year, 2 months, and 2 days of net active service this period. a. He was awarded or authorized: * National Defense Service Medal * Army Service Ribbon * Expert Marksmanship Qualification Badge with Dragon Bar (M47) * Expert Marksmanship Qualification Badge with Grenade Bar * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) b. The character of service was listed as under honorable conditions (general). The discharge authority was AR 635-200, chapter 9. The narrative reason stated alcohol abuse-rehabilitation failure. 10. There is no indication the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations. 11. The applicant provides: a. A total of 18 certificates and letters that show successful completion of training as a firefighter as well as counseling certifications. b. A letter of support from the Deputy Chief of a Training Division within the applicant's fire department. The writer essentially states he has known the applicant for over 20 years and considers him competent, capable and a disciplined leader. REFERENCES: AR 635-200, in effect at the time, set forth the basic authority for the separation of enlisted personnel. a. Chapter 9 contained the authority and outlined the procedures for discharging Soldiers because of alcohol or other drug abuse. (1) A member who has been referred to the ADAPCP for alcohol abuse may be separated because of inability or refusal to participate in, cooperate in, or successfully complete such a program, if there is a lack of potential for continued Army service and rehabilitation efforts are no longer practical. (2) Initiation of separation proceedings is required for Soldiers designated as alcohol rehabilitation failures. (3) The service of Soldiers discharged under this chapter will be characterized as honorable or general under honorable conditions unless the Soldier is in an entry-level status and an uncharacterized description of service is required. b. Paragraph 3-7a states that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The honorable characterization is appropriate when the quality of the member’s service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate. DISCUSSION: 1. The applicant requests upgrade of his general discharge under honorable conditions to honorable. He bases his request on his post-service accomplishments. 2. The evidence of record shows he was deemed a rehabilitation failure for the Army's alcohol and drug program. a. His separation action was accomplished in compliance with applicable regulations and statutes, and there was no indication of procedural errors that would have jeopardized his rights. b. The discharge proceedings were conducted in accordance with applicable law and regulations at the time. Additionally, he was provided legal counsel, and was advised by his counsel of the nature of the separation action, the effects of a general discharge under honorable conditions and his rights under the provisions of the regulation. 3. The applicant offers proof of post-service accomplishments and, while significant, the characterization of service focuses exclusively on the period of active service. a. In this respect, the evidence of record affirms separation action was warranted based upon his rehabilitation failure. b. Additionally, given his apparent pattern of alcohol-related misconduct throughout his term of service, the separation approval authority's decision to issue a general discharge under honorable conditions appears appropriate. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150010899 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150010899 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2